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2007 Supreme(Gau) 421

H.N.SARMA
Indra Bahadur Chetry – Appellant
Versus
Nil Kumari Chetry LRs. of Dil Bahadur Chetry – Respondent


JUDGMENT

H.N. Sarma, J.

1. The revisional jurisdiction of this Court under Section 151, CPC, has been so ought to be invoked by the petitioner/judgment debtor by challenging the order dated 29.3.2007 passed by the learned Civil Judge, Tinsukia, in Misc. (J) Case No. 45 of 2002 arising out of T. Ex. Case No. 5 of 1996.

2. I have heard Mr. C.K. Sarma Baruah, learned senior Advocate for the petitioner/ judgment debtor and Mr. G.P. Bhowmik, learned Counsel for the respondent.

3. Away back on 19.7.94, the decree-holders/respondents instituted the suit against the petitioner/judgment debtor/defendant in the Court of the then Additional District Judge, Tinsukia, which was registered as T.S. No. 43 of 1994. In the said suit the decree-holder/ plaintiffs prayed for as follows:

(1) Declaration of right, title and interest of the plaintiff in respect of the land measuring IB 0K 0L (Bari land) under Dag No. 494, 123, 493, 927 and 505 of A.P. No. 1, 2 and 110, situated at No. 2 Asomiya Gaon, under Tingrai Mouza, and the house standing thereon (described in the schedule A).

(2) Declaration of right, title, interest and possession of the plaintiff in respect of the land measuring 3B 0K 0L comprised und













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